Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
If you discover assets after an estate has been closed, you can ask the Surrogate’s Court to reopen the estate in New Jersey. The process generally follows these steps:
- Confirm Jurisdiction and Case Information. File your petition in the same county Surrogate’s Court where the original estate was probated. Note the original docket number and case name.
- Gather Evidence of the Newly Discovered Assets. Collect documents proving ownership—bank statements, deeds, stock certificates or appraisals.
- Prepare a Petition to Reopen. Title your pleading “Petition for Reopening Estate.” Cite N.J.S.A. 3B:22-24, which governs revocation and revival of letters of administration. You can review Title 3B of the New Jersey Statutes here: https://www.njleg.state.nj.us/Statutes/Title3B.
- File the Petition and Pay Fees. Submit your petition at the Surrogate’s Court clerk’s office. Typical fees range from $25 to $50. Check the current fee schedule on the New Jersey Judiciary website: https://www.judiciary.state.nj.us/proseform/SUR_025.pdf.
- Serve Notice on Interested Parties. Serve a copy of your petition on all original beneficiaries, executors or administrators, and known creditors under N.J.S.A. 3B:20-9.
- Attend the Court Hearing. The Surrogate’s Court reviews the petition, may request further documentation, and then issues an order to reopen the estate if it finds good cause.
- Administer and Distribute the Assets. Once reopened, you must file an amended estate accounting within 30 days under N.J.S.A. 3B:20-10. Distribute the new assets according to the will’s terms or, if there is no will, under New Jersey intestacy rules.
Alternative Route: Unclaimed Property Act. If the estate cannot be reopened or you face difficulty, heirs may also claim assets through the New Jersey Unclaimed Property Act (N.J.S.A. 46:30B-46 to ‑76). Review Title 46 here: https://www.njleg.state.nj.us/Statutes/Title46 and search the state Treasury’s unclaimed property database.
Helpful Hints
- Act promptly. Although New Jersey law does not set a strict deadline, delaying may complicate notice and service requirements.
- Maintain a clear chain of custody for all original documents and evidence of ownership.
- Consult local Surrogate’s Court rules for county-specific filing requirements and forms.
- If other parties contest reopening, consider retaining probate counsel to represent your interests.
- Keep copies of all filings, proofs of service, and court orders in a dedicated file.